MERC Vermont | Advisory Committee on Mercury Pollution Meeting Minutes

Meeting #35: Friday, January 11, 2002
Time: 9:00 a.m. - 11:30 a.m.
Location: Conference Room, Environmental Assistance Division
Waterbury State Complex, Waterbury, Vermont

MINUTES

Members Present:
Michael Bender, Abenaki Self-Help Association, Inc.
Ric Erdheim, National Electrical Manufacturers Association
Neil Kamman, Agency of Natural Resources, Water Quality Division
Rich Phillips, Agency of Natural Resources, Environmental Assistance Division

Guests Present:
Julie Hackbarth, Vermont Agency of Natural Resources, Waste Management Division
Jen Holliday, Chittenden Solid Waste District
Mike Loner, Northwest Vermont Solid Waste District
Susanne Miller, Vermont Public Interest Research Group
Megan E. Mulry, Downs, Rachlin & Martin
Sarah O’Brien, National Wildlife Federation
Laura Routh, Addison County Solid Waste District
Gary Gulka, Vermont Agency of Natural Resources, Environmental Assistance
Karen Knaebel, Vermont Agency of Natural Resources, Environmental Assistance

The Committee members and interested parties gathered in the Conference Room of the Environmental Assistance Division in the Waterbury State Complex in Waterbury, Vermont and the meeting was called to order by Rich Phillips.

Agenda Item 1-
Accept minutes of the December 11^th meeting and changes to today’s agenda.

It was agreed that the December 11, 2001 minutes would be reviewed at the February meeting.

The Committee decided before setting the date and time of the next meeting to contact Legislative members of the ACMP to determine if there was a more convenient location or time available that would allow those members to attend meetings during the legislative session. Members will be notified by e-mail once the date and location are set.

Agenda for the February meeting will include an update on the fish advisory posting, prioritize work plan items and discuss a future meeting with a representative from the Department of Agriculture, Food and Markets.

Order of recommendations
Additional piece on regional reduction efforts
Recommendation regarding residential lamps in landfills
H283 and current emissions
Thermostat pledge program

Order of recommendations

Page 3 – 2^nd Bullet

Suggestion to move to work plan
Suggestion to include more specific language to describe the work being done.
Significant that both Commissioners of Fish and Wildlife and the Department of Environmental Conservation (DEC) acknowledged efforts to post fish advisories.

Additional piece on regional reduction efforts

Suggestion to include information on the telephone survey conducted by NEWMOA of the businesses in New England participating in the Thermostat Recycling Corporation (TRC) program.
Ric Erdheim objects to including the summary in the report in that the NEWMOA report was completed without anyone talking to him prior to its finalization. He believes that the information in NEWMOA’s report relating to capture rate is incorrect.
Six states and DEC staff reviewed the report. The information is as a result of a telephone survey and the staff did not challenge the accuracy of the survey results.
Statement that the capture rates are available on the NEMA website.
Statement that the TRC program is available in 30-35 sites in Vermont.
Suggestion that a portion of the NEWMOA executive summary of the report on TRC be included in the Committee’s report
Suggestion that the information is factual and should be included
Suggestion that the report made assumptions. Ric Erdheim stated that he had six pages of comments that were written in response to the report’s allocations.
Concern that NEWMOA’s report on TRC was never fully discussed by the Committee and therefore it may be inappropriate to include the NEWMOA report findings in the Committee’s report at such a late date. Suggestion that Vermont’s efforts in the TRC program be included in the report and include discussion of the results of NEWMOA’s report of the TRC program as a work plan item.
Suggestion to include language that does not cite specific numbers but include that the NEWMOA report indicated that the TRC system could be improved and that the Committee would discuss methods to improve the system in Vermont (including capture rates).
Sarah O’Brien suggested language for the Committee to approve: "NEWMOA reviewed participation by regional wholesalers in the Thermostat Recycling Corporation’s program to collect spent mercury-added thermostats. The overall finding of the report was that thermostat collection rates could and should be significantly improved."
Neil Kamman, Rich Phillips and Michael Bender voted yes to include Sarah’s suggested language in the Committee’s report – Ric Erdheim voted no.

Recommendation regarding residential lamps in landfills:
In November, the Committee discussed forming a sub-committee to review this issue. At a December meeting, the formation of such a sub-committee was not agreeable with those in attendance. It was agreed that more information was needed on the topic to make a decision. Members were e-mailed prior to the meeting for their comments on this topic.

Michael Bender suggested to the committee to table the discussion until more information could be compiled.
Mary Canales was not present at the meeting, but sent an e-mail agreeing with the proposal to take the suggestion out of the work plan and to table the discussion until there was more definition as to what would be involved, cost, who would do the survey of existing research, etc.
Concern that there is considerable existing research that would need to be reviewed prior to any sort of determination by the Committee.
Neil Kamman suggested that he would need more information to determine whether this is a worthwhile issue to raise.
Senator McCormack e-mailed and suggested that the Committee should study the comparative environmental impacts of various approaches. He added that he had concern that we would spend energy and time perhaps studying things that have already been studied.
Ric Erdheim e-mailed and stated that he would support a sub-committee to evaluate the environmental impact of the collection of residential lamp disposal in landfills vs recycling of the lamps.
Jen Holliday referred to two letters - one from members of the Vermont Coalition to Reduce Mercury and another from Donna Barlow Casey of the Central Vermont Solid Waste District, which were written to the Committee in opposition of forming a sub-committee. She stated that Chittenden Solid Waste District strongly supported the efforts of collecting lamps. She reiterated that her concerns were whether the collection of these lamps would cause more mercury release into the environment than not accepting them. She strongly confirmed that "cost" was not the issue of the suggestion for the study. For the record, she hopes that the Committee will study this issue in the effort of making current systems more efficient.
Rich Phillips noted that he had concern about the indication in the two letters of opposition that "cost" was the issue presented by the Chittenden Solid Waste District. Mr. Phillips stated that together with other issues, the Districts must also consider the costs of implementing programs, but he did not feel this was the sole intent of the District’s concern.
A motion was made by Michael Bender to remove this item from the recommendations of the Committee and revisit a discussion as to whether to include this item in the Committee’s work plan when more members are present. Mr. Bender proposed to table the discussion and revisit it in February when the Committee discusses priorities for 2002. The motion was seconded by Neil Kamman. Neil, Michael and Rich Phillips agreed to table, Ric Erdheim abstained. The item will be removed from the report recommendations and work plan.

H283 and current emissions

Suggestion that H283 should be left in the Committee’s work plan along with the review of 6605g which is the old emissions language.
Page 6, eighth bullet

For the record, Michael Bender stated that the discussion two years ago was not to push for the collection system section to be included in S.91 or H.111, but to include review of that section in the work plan for the upcoming years revisiting manufacturer responsibility. Mr. Bender feels that the current legislation is flawed without manufacturer responsibility and collection programs. Mr. Bender was concerned that Solid Waste Districts will be burdened in the future and hopes that the Committee will revisit the collection system portion of the model legislation and consider making recommendations next year, which would include manufacturer responsibility.
Mr. Bender has concern that this item is limited to certain take back programs. Suggestion to consider any and all types of programs and make certain, for the record, that review is not constrained. An advance disposal fee is one way – the Committee should keep this evaluation broad and with H.283 in the work plan the Committee will be more able to evaluate different options.

Thermostat pledge program

It was noted that this suggestion came from the Collection Program Review "CPR" Committee which was a sub-committee formed by the Advisory Committee to review collection systems.
The CPR Committee suggested that the thermometer program was such a success with Pharmacy and Grocer pledges that a thermostat pledge program would be effective especially since there are alternative thermostat products.
Ric Erdheim suggested that many non-mercury thermostats, if not properly used, are less efficient than mercury thermostats. Mr. Erdheim supplied the committee with a chart evaluating thermostat efficiency.
Suggestion to work with Vermont Energy Efficiency group.
Suggestion that a national effort already exists to promote Energy Star thermostats.
Suggestion to take out of recommendations and add as an item in the work plan to evaluate a possible pledge program along with efforts to increase the collection rate.
Suggestion that programmable thermostats are up to 33% more efficient if properly used.
For the record, Michael Bender stated that Home Depot states that programmable thermostats save energy and save money even if you are not adept and Home Depot says that it is as easy as adjusting a digital watch.
Comment by Laura Routh of Addison Solid Waste District was that the thermometer promotion was an opportunity to provide the public with education regarding mercury. It raised the question in people’s minds – Ms. Routh felt that this type of pledge program was the most effective type of public education program.
Sarah O’Brien presented suggested language to the Committee as: "Establish a program to promote the sale and use of non-mercury-added Energy Star thermostats, and to encourage proper collection and management of those mercury-added thermostats taken out of service." The Committee agreed to include this language in the report.

Suggestion on Page 1 of the draft to update the information on the NEMA request for hearing as being denied.
Suggestion to add wording to the first bullet under section II "Monitoring of Mercury in the Environment." After the sentence ending "of years past" add the words "even though independent data from lake sediment cores show a decline in mercury deposition in recent years."
Suggestion to add wording on fourth bullet under section II on page 5. After the words "contamination in fish" in the first sentence add the words ", and ASIWPCA (Association of State and Interstate Water Pollution Control Administrators) is presently developing procedures for assessing waters in light of that standard."
Suggestion to add new findings and new research initiatives to the monitoring results.
Suggestion to eliminate last sentence in the last bullet before section II, which reads, "This issue will be a complex and difficult one to solve."
Suggestion to eliminate any reference to H.111 in the report, as reference to this bill is confusing and any bill reference should be confined to S.91.
Suggestion on Page 1 referencing New Hampshire legislation as 2001 is incorrect and should read 2000 and 2001.
Suggestion on page 1, section I, second paragraph to eliminate the words "or all" in the first sentence.
Suggestion to include a matrix in the report as to the legislative activities in other states.
Suggestion that it would be inappropriate to include a legislative matrix in the report and perhaps better to distribute to the Committee.
Correction in the first bullet on the top of page 4 in reference to New Hampshire’s legislative provisions. "Disclosure by manufacturers for mercury-containing products used in hospitals" should be removed, as it is not included in New Hampshire’s legislation.
Correction in the first bullet on the top of page 4 should include legislation for 2000 and 2001 rather than just 2001.
Suggestion to include information about Neil Kamman’s presentation regarding lake sediment.
Suggestion on page 5, Monitoring Needs, third bullet – to eliminate the word "significant" and replace with "measurable."
Suggestion to include a sentence at the end of the last sentence in the third bullet on page 5 under monitoring needs which reads: "unlike incinerators, landfills will continue to emit measurable local sources of airborne mercury."
Suggestion to add the words, "Continue to support the need for atmospheric mercury monitoring at the Underhill station" as a fourth bullet of Monitoring Needs on page 5.
The Committee agreed that the continued support of the Underhill station be included as a recommendation rather than being placed in "Monitoring Needs."

Agenda Item 5-
Discussion on funding for dairy manometer exchange initiatives with representative from the Department of Agriculture, Food and Markets.

The Commissioner was unable to attend due to duties at the legislature. This subject will be discussed at a later meeting.


		Vermont Agency of Natural Resources Advisory Committee on Mercury Pollution